Tbilisi. Human Rights Education and Monitoring Center (EMC), together with the Institute for Development of Freedom of Information (IDFI), publishes a shadow report – “Status of implementation of the strategy and action plan of the judicial system”.  “The monitoring report has revealed that the High Council of Justice does not pay proper attention to complete implementation of the strategy and action plan, and often specific activities are carried out just technically, while their substantive result, qualitative improvement of justice, remains beyond the interest of agencies responsible for implementation of the action plan”, - is stated on the website of the organization.  Read more…  Source: emc.org.ge

Tbilisi. The Institute for Development of Freedom of Information (IDFI) publishes a blog post: System of disciplinary liability of judges.  “In terms of disciplinary liability of judges, there are significant gaps and challenges remaining in legislation and practice...”  Read more… Source: idfi.ge

Tbilisi. Human Rights Education and Monitoring Center (EMC) has revealed significant challenges in the operation of the system of distribution of cases. For example, chairman of court still retains problematic authorities, including rights to determine shifts, make changes to them, and define composition of judges of narrow specialization. Read more…

Tbilisi. Human Rights Education and Monitoring Center (EMC), the Institute for Development of Freedom of Information (IDFI) and the Media Development Foundation (MDF) consider that the Parliament should not support a bill on Information Security. “With its content and proposed regulations, the bill contradicts regulations of the EU, obligations under the Association Agreement and requirements of GDPR in terms of procedures related to personal data processing. During drafting the bill there was not ensured compliance with mentioned regulations and so far no measures have been taken in this regard. “Respectively, the “Law of Georgia on Information Security” requires to be revised and amended, especially in the field of refinement of execution mechanisms”, - is noted in the joint statement. Read more… Source: emc.org.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) calls on Chairperson of the Supreme Court to use a session of the plenum, scheduled for May 29, only to introduce a candidate for judge of the Constitutional Court. “This step will raise the standard of transparency of the court, allow public to express their opinion about the candidate, while help the plenum to make an informed decision”, -is stated on the website of the organization. Read more… Source: gyla.ge

Tbilisi. On May 22, the Georgian Young Lawyers’ Association presented alternative reports to the Parliament of Georgia, in which reports it appraises the state of execution of resolutions and rulings concluded by the European Court of Human Rights against Georgia. “In alternative reports, GYLA appraises individual and general measures, taken by the state, and calls on the state to take additional specific steps that are necessary for effective and complete execution of resolutions and rulings of the European Court”, -is stated on the website of the organization. Read more… Source: gyla.ge

Tbilisi. Human Rights Education and Monitoring Center (EMC), together with the Caucasus Research Resource Center (CRRC) and the Institute for Development of Freedom of Information (IDFI), publishes a report – “Access to courts - Results of a public opinion survey”. “The report summarizes results of a survey of Georgian-speaking, adult population of Georgia in regard to access to courts. It briefly overviews both various aspects of access to courts and public attitudes”. Read more… Source: idfi.ge

Tbilisi. According to information released by the Georgian Young Lawyers’ Association, 4 years have passed since murder of Giga Otkhozoria. "Giga was killed by so called Abkhaz border guards on May 19, 2016, near the occupation line of Abkhazia, at the checkpoint of Khurcha Nabakevi. The case of violation of the right of Otkhozoria to live is under revision by the European Court of Human Rights. Interests of Otkhozoria family members are defended by GYLA and EHRAC. Internal communication between parties in the European Court has already been completed and we are waiting for announcement of the decision”, - is stated on the website of the organization. Read more… Source: gyla.ge

Tbilisi. The Institute for Development of Freedom of Information (IDFI) publishes a blog post: Results of a survey of population of Georgia in regard to their attitude towards and knowledge of the Prosecutor’s Office. “The survey of population of Georgia in regard to their attitude towards and knowledge of the Prosecutor’s Office was conducted within the period from March 30 to April 12, 2020. The survey examined the following issues: 1. Attitude towards the Prosecutor’s Office of Georgia and prosecutors; 2. Knowledge of the Prosecutor’s Office of Georgia; 3. Experience in relations with the Prosecutor’s Office; 4. Use of communication channels of the Prosecutor’s Office and their evaluation”. Read more…  Source: idfi.ge

Tbilisi. The Institute for Development of Freedom of Information (IDFI) publishes a blog post: Rule of law and human rights during the COVID-19 crisis. “Current document contains a review of international standards related to the rule of law and protection of human rights in times of emergency, as well as an analysis of main challenges related to the following fundamental rights: the right to a fair trial, freedom of expression/access to information, and inviolability of private life”. Read more… Source: idfi.ge

Tbilisi. The Georgian Young Lawyers’ Association conducted an online presentation of the report - “Forms and prevention of torture and ill-treatment”. “There have been revealed no systemic cases of torture and inhuman treatment in recent years, however, committing such crimes by law enforcers is still a problem. As in previous years, qualification of such facts respectively, carrying out investigations within a reasonable time, recognition of those affected by ill-treatment as victims by law enforcement agencies remains a challenge. Establishment of the State Inspector Service and its enactment was a positive step, however, adoption of the Law on the State Inspector Service as filed, according to which the Inspector has a limited mandate, cannot be appraised positively”. Read more… Source: gyla.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) publishes an evaluation of legislative changes adopted in connection with the state of emergency. “First of all, it should be noted that information in regard to the bill was released on March 17, 2020 and registered at the Parliament on the same day, however, it was not publicly available before April 13, 2020, until the Parliamentary Bureau submitted it to the relevant committee for review. During this period there was not ensured introduction of the bill to interested parties and provision of opportunity to submit comments pertaining to it. It should also be noted that the bill was examined only by the Legal Issues Committee and not by the Human Rights and Civil Integration Committee, participation of which in this process was important. Respectively, the legislative process was carried out in a closed manner and there was no opportunity to participate in it in any way”, - is stated in the evaluation made by the organization. Read more… Source: gyla.ge

Tbilisi. On April 14, 2020 at 14:00, the Georgian Young Lawyers’ Association conducted an online presentation of a research – “Standards of usage of preventive measures”. “For research purposes local legislation has been analyzed. One of the most important tools while carrying out the research was evaluation of a legislative framework related to preventive measures, implemented reforms and practices developed on the basis of them. The research contains a review of international standards in regard to preventive measures practiced in criminal proceedings, as well as summary of obstacles and best practices that exist in the national jurisdiction in terms of introduction of these standards”, - is stated on the website of the organization. Read more… Source: gyla.ge

Tbilisi. Human Rights Education and Monitoring Center (EMC) publishes a report – “Electronic distribution system of cases in court”. “It is analyzed in the report how the rules of electronic distribution of cases functions in practice, as well as how complete the rules of distribution of cases is and what existing statistic data are in this regard. The document contains also a review of those shortcomings related to the rule of distribution of cases, which were revealed during the first reporting period, however, there have not been taken any steps to eliminate them”. Read more…   Source: emc.org.ge

Tbilisi. Coalition for an Independent and Transparent Judiciary publishes a statement in regard to closure of trials and other shortcomings in common courts in the conditions of the state of emergency. “On March 13, 2020, prior to declaring a state of emergency in the country, the High Council of Justice adopted recommendations related to measures to be taken in the judicial system to prevent spreading of the new Corona virus. Based on these recommendations the judicial system gradually introduced legal proceedings in a remote mode, which is unequivocally a positive development, however, it is important, at the same time, to make sure trials are public as well as court observers and other interested people are able to monitor proceedings”. Read more… Source: emc.org.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) publishes a blog post by Vakhushti Menabde: Where the homeless go during a curfew. “A curfew means restriction of presence in a public space and it applies to everyone - it does not differentiate between those who have a ceiling and those who do not have the one. After enforcement of such a rule, at 21:00, we enter our houses, but part of people, those who do not have a place to live and sleep in the corners of streets, squares, underground passages, automatically come into conflict with law. Thus, their existence becomes questionable - if these people do not have the right to spend night in a public space, but at the same time they do not have the opportunity to go elsewhere, it turns out that they do not have the right to exist at all”. Read more… Source: gyla.ge

Tbilisi. Some Georgian civil society organizations call on the Plenum of the Supreme Court to refrain from appointing a judge of the Constitutional Court until the state of emergency is over. “We consider it inadmissible to appoint a new member of the Constitutional Court in the circumstances of the state of emergency, when it is actually impossible for public and other interested parties to perform monitoring of the process. While the Constitutional Court still retains confidence of public and authority, appointment of a judge in the current circumstances and behind closed doors will have a negative impact on the reputation of both the appointed judge and the Constitutional Court as a whole”, - is stated on the website of the organization. Read more… Source: emc.org.ge

Tbilisi. As the Georgian Young Lawyers’ Association informs, based on amendments to the resolution of the Government, defining the rule of enforcement during the state of emergency has become a competence of Minister of Justice. “As a result of changes, the resolution no longer contains Article 12, which, during the state of emergency, used to limit such authority of National Bureau of Enforcement as eviction of people from their own property/house, as well as deduction from a salary, pension, scholarship, or enforcement activities set for the cases regarding full or partial dismantling of buildings and etc. The amendment to Article 11 of the same resolution provides Minister of Justice with a number of authorities, including the possibility of determining a different rule of activity for National Bureau of Enforcement”, - is stated on the website of the organization. Read more… Source: gyla.ge

Tbilisi. The Georgian Young Lawyers’ Association (GYLA) calls on the Plenum of the Supreme Court to suspend procedures for appointment of a judge of the Constitutional Court until the state of emergency is over. “Position of one judge is vacant at the Constitutional Court since December 5, 2019. Despite the call, Acting Chairman of the Supreme Court breached the law and, so far, did not take necessary steps to fill the vacancy. This process was initiated unexpectedly today in the circumstances of the state of emergency. Tomorrow, on March 31, at 15:00, there will be called a sitting of the Plenum, the only subject of the agenda of which is the appointment of a member of the Constitutional Court. The duty, imposed to the Plenum by law, is to strengthen trust and confidence of people in court, however, this step once again raises questions in regard to conscientiousness of court officials”, - is stated on the website of GYLA. Read more… Source: gyla.ge

Tbilisi. The Human Rights Center submitted a legislative proposal to the Parliament of Georgia, which proposal envisages amendments, to be made to the Law of Georgia – “Imprisonment Code”. “The legislative proposal, in case if it is accepted by the Parliament, should regulate types of disciplinary violations in a new way so as to ensure they are used adequately and proportionately”. Read more… Source: The website of the organization in a social network

Tbilisi. On January 30- February10, 2020, within the EU-funded project “Facilitating Implementation of Reforms in the Judiciary (FAIR)”, CRRC-Georgia conducted a phone survey to understand people’s knowledge of and attitudes towards the Supreme Court appointment process. “The public is divided in their trust towards judicial institutions, such as the High Council of Justice, Supreme Court, and the court system in general. More than half of the population has heard of the Supreme Court justice appointment process, however most of them do not trust the process and believe that the Parliament of Georgia did not lead the appointment process fairly. Despite this, few people found the Supreme Court appointment process to be among the most important events of the Autumn/Winter of 2019-2020. The majority of people in Georgia say that they have never heard about the candidates. Among those who are aware of the appointment process, attitudes are more negative than positive”. Read more… Source: idfi.ge

Tbilisi. The Institute for Development of Freedom of Information (IDFI) publishes a research: Georgia in the Rule of Law Index 2020.  “The purpose of the IDFI research is to review indicators of the Global Rule of Law Index in Georgia as of 2020, compare them with those of previous years, identify problematic fields and show trends that have become possible as a result of evaluation by the Rule of Law Index. According to the Global Rule of Law Index 2020, the state of the rule of law in Georgia is rated at 0.60 points (maximum 1 point). Georgia ranks 42nd out of evaluated 128 countries. Based on these indicators, position of Georgia has deteriorated by 0.01 points and 1 step compared to the previous year”, - is stated on the website of the organization.  Read more… Source: idfi.ge